Court : Himachal Pradesh
Reported in : 2003(1)ALT(Cri)5,2002CriLJ4178
..... the learned counsel for the state relied on section 114a of the evidence act, 1872 which provides that in a trial on charge under section 376(2)(g), ipc on the prosecutrix stating that she was not a consenting party, the court shall presume absence of consent of the woman alleged to have been ..... when questioned either on behalf of the prosecution or on behalf of defence, how she went, she has tried to evade the answer.20. ..... he denied the suggestion on behalf of the defence that he saw his sister along with the appellant prior to the incident also or she was beaten by the witness. ..... he appeared in court on 22-3- 2002 and made a prayer that he may be provided a defence counsel on government/state expense. ..... benefit; of margin of error of two years, it would neither be safe to hold that the age of the prosecutrix on the date when she is stated to have been subjected to sexual intercourse is less than 16 years or that such sexual acts were performed against her will and consent. ..... the defence has given suggestion in cross examination for false implication of the accused persons which, however, have not gone beyond being suggestions merely. ..... none else committed such act with her. ..... pw/9/d is a certificate issued by the panchayat concerned regarding date of birth of the prosecutrix as per provisions of registration of deaths and births act, 1969. ..... this act was committed by the appellant alone.4. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC474,2006ACJ2568
..... section 166, sub-section (4) prior to its amendment in 1994 was as follow:(4) where a police officer has filed a copy of the report regarding an accident to a claims tribunal under this act, the claims tribunal may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this act.after its amendment by act 54 of 1994, the said sub-section is as follow:(4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application ..... in view of the amendment in the motor vehicles act, 1988 and the amendment made to it in 1994, this judgment has to be read in the context of motor vehicles act, 1939 alone. ..... the appellants have also filed two applications under order 6, rule 17 and under order 1, rule 10 of the civil procedure code for amending the claim petitions and for arraying as respondents the owner of the scooter. ..... the bar council of india in pursuance to the powers vested in it by the advocates act, 1961 has framed the rules known as bar council of india rules, 1975. ..... the applications for amendment and impleading of parties are not allowed in view of the fact that the same will unnecessarily delay the matter at this stage. ..... but after the amendment of 1994 it is mandatory for the claims tribunal to treat this report as an application for grant of the compensation. ..... 4 took up the defence that in fact he was not driving the scooter and the scooter was being driven by kamal dev deceased. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC194,2006ACJ1677
..... on account of the car colliding with her on account of the negligence of the mechanic who had been engaged by the repairer who had undertaken to repair the vehicle by virtue of the provisions contained in section 94 of the act which provides that no person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by ..... (orissa), dealing with a similar question where a vehicle had been requisitioned by the collector for election duty held as follows:(7) under section 110-b of the act, the tribunal is to specify the amount which would be paid by the insurer or the owner or the driver of the vehicle involved in the accident. ..... would also not be in the interest of the third parties to permit the insurance company to raise a defence that the vehicle was not at the relevant time under the control of the insured and, therefore, the ..... (gauhati), division bench of the high court of gauhati held that when the vehicle had been requisitioned under the assam requisition and control of vehicles act, 1968, the driver of the requisitioned vehicle was entitled to daily wages under the provisions of the said act and, therefore, for the period when the vehicle remained under requisition, driver became an employee of the state. ..... if such a defence is allowed to be raised then the insurance company can claim that it is not liable to pay compensation in case the vehicle is stolen and during .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC674,2006ACJ1831,AIR2006HP49
..... legal, on account of which, on the date of the accident, he was disqualified from holding or obtaining an effective driving licence.12.1 this view is further supported by the language of section 149(2)(a)(ii) of the said act quoted hereinabove, a plain reading of this clause would show that the insurance company is permitted by the statute to exclude driving by a person who is not duly licensed or by any person who has been disqualified from ..... be proved by the insurance company also held as follows :(iv) the insurance companies are, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also establish 'breach' on the part of the owner of the vehicle, the burden of proof wherefor would be on them. ..... it is relevant to the present case, reads as follows :15(1) any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this act with effect from the date of its expiry :provided that in any case where the application for the renewal of a licence is made more than thirty days after the date ..... there has been a breach of a specified condition of the policy', implying that the insurer's defence of the action would depend upon the terms of the policy. ..... are not maintainable in an appeal filed by the insurance company where its defences are limited. ..... one of the defences raised by the insurance ..... in my opinion, it is no defence for the owner to plead that he forgot that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3134
..... we may also add that although a dying declaration recorded by a police officer during the course of the investigation is admissible under section 32 of the indian evidence act in view of the exception provided in sub-section (2) of section 162 of the code of criminal procedure, 1973, it is better to leave such dying declarations out of consideration until and unless the prosecution satisfies the court as to why it was ..... bir singh has been produced in defence.5. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ2511
..... the aforesaid clear enunciation of law laid down by apex court, the position of law may be summarized as follows:under motor vehicles act, 1988, prior to its amendment in 1994, which came into effect from 14.11.1994, the insurance company was not liable in case of any passenger being carried in a ..... swaran singh : air2004sc1531 , apex court in para 102 (x) held as follows:(x) where an adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 (2) read with sub-section (7), as interpreted by this court above, the tribunal can direct that the insurer is liable to be reimbursed by the ..... will be issued for the recovery as arrears of land revenue only if, as required by sub-section (3) of section 168 of the act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award ..... we have issued the aforementioned directions having regard to the scope and purport of section 168 of the motor vehicles act, 1988, in terms whereof, it is not only entitled to determine the amount of claim as put forth by the claimant for recovery thereof from the insurer, owner or driver of the vehicle jointly ..... the apex court held thus:(20) it is, therefore, manifest that in spite of the amendment of 1994, the effect of the provision contained in section 147 with respect to persons other than the owner of the goods or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC866,2006ACJ1754
..... to appreciate this contention, it would be appropriate to refer to certain provisions of the motor vehicles act, 1988, as under:2 (14) 'goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;2 (28) 'motor ..... the cross-objections are not maintainable in an appeal filed by the insurance company when its defences are limited. ..... the apex court held as follows:(15) a tractor fitted with a trailer may or may not answer the definition of 'goods carriage' contained in section 2 (14) of the motor vehicles act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ1926
..... however, even if it be assumed that the trailer would answer the description of the 'goods carriage' as contained in section 2 (14) of motor vehicles act, the case would be covered by the decision of this court in asha rani : air2003sc607 and other decisions following the same, as the accident had taken place on 24.11.1991, i.e. ..... the claimants filed a claim petition under section 166 of motor vehicles act in which it was alleged that the deceased had been hired as a mason by chint ram and chint ram had hired the tractor in question for carriage of iron (saria) from mubarakpur. ..... this appeal under section 173 of the motor vehicles act has been filed by the owners against the award of the motor accidents claims tribunal (2), una in m.a.c. ..... their only defence is that they were raising the construction for the purpose of stacking agricultural and other materials. ..... , much prior to coming into force of 1994 amendment.10. ..... the tractor, obviously was being used for carriage of goods owned by chint ram and this was in violation of the terms of the insurance policy as well as of motor vehicles act. ..... the apex court considered these questions and held as follows:(15) a tractor fitted with a trailer may or may not answer the definition of 'goods carriage' contained in section 2 (14) of the motor vehicles act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ2080
..... 2, 3 and 4 of the petition filed before the learned motor accidents claims tribunal which reads as under:(2) that as per the provisions of section 147 of the motor vehicles act, 1988 and as per terms and conditions of insurance policy the insurance is a contract between the parties and the insurer is liable to indemnify the insured to the amount of liability incurred by him in respect of death, bodily injuries or ..... chander prabha bhatt 2005 acj 1972 (hp), has held as follows:(13) what is the purpose of an insurance policy which is compulsorily required under the motor vehicles act the purpose clearly is that if any third party suffers damage due to an accident with a vehicle, it should be able to claim compensation from the insurance company. ..... the law which has been laid down by the apex court is that the motor vehicles act does not require the insurance company to compulsorily cover the risk to the insured person who is owner of the vehicle. ..... the partner of the insured firm alleged to have been died, therefore, this hon'ble tribunal has no jurisdiction to try or pass an award against the respondent insurance company under section 149 of the motor vehicles act, hence the replying respondent insurance company be discharged and the claim application be dismissed.4. ..... a specific defence was taken that chhaju ram was the partner of sita ram chhaju ram and was one of the insured persons and as such application on his behalf was not maintainable. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ2091
..... the state of bihar 1972 scc (cri) 540 : 1972 cri lj 1042, their lordships of the supreme court while dealing with the provisions of sections 3,4 and 6 of the probation of offenders act, have observed as under (at page 1045; of cri lj) :-whereas sections 3 and 4 leave it to the discretion of the court to make an order as provided therein, section 6 provides that where a person under 21 years of ..... 65 : 1972 cri lj 874, their lordships have reiterated as under at page 876; of cri lj ;-sub-section (1) of section 4 of the act that it makes no distinction between persons of the age of more than 21 years and those of the age of less than 21 years. ..... entire evidence and on consideration of the contentions of the learned counsel for the accused, found the accused guilty of the offence punishable under section 15 of the ndps act and accordingly convicted him and sentenced to undergo rig-orous imprisonment for ten years and to pay fine of rs. ..... shyama dogra learned legal aid counsel also contended that the mandatory provision of section 50 of the ndps act are not complied with by the investigating officer in the present case and, therefore, conviction of the accused is bad in law and ..... has filed this appeal from model central jail, nahan against the judgment and order of conviction and sentence under section 15 of the narcotic drugs and psychotropic substances act, 1985, (for short ndps act) recorded by the sessions judge, una on august 31 1999 in sessions case no. ..... the defence of the accused .....
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